November 17, 2025

LOS ANGELES – Denver hub Co-Managing Partner, Arron Nesbitt, alongside Associate Anthony Vanicek successfully defended two neighboring hotel owners in a complex premises liability lawsuit. The defense achieved a complete victory via Summary Judgment, dismissing the Plaintiff’s claims which sought damages in excess of $5 million. 

Overview of the Case

The Plaintiff sued QPWB's clients, two separate hotel owners, and the City of Los Angeles, claiming she sustained injuries after tripping over a raised portion of a public sidewalk abutting the Defendants' properties. The case revolved around determining liability for an alleged dangerous condition on public property.

Key Difference-Makers

• Arron Nesbitt – Co-Managing Partner, Denver Hub
• Anthony Vanicek – Associate, Denver Hub

Claims Made Against Our Client

Plaintiff's counsel argued that the Defendants, as abutting property owners, were liable for the dangerous condition on the public sidewalk. The core claim asserted by the Plaintiff’s counsel was that the abutting property owners owed a duty of care to the Plaintiff to correct or warn of the dangerous condition on the public property. They attempted to argue that the question of property control, a prerequisite for premises liability, was a fact question requiring jury deliberation. The Plaintiff’s submission/filings claimed damages in excess of $5 million.

Defense Strategy

The defense team identified the case early as a Summary Judgment candidate and tailored all discovery to establish a "no evidence" argument on the essential element of premises liability: ownership or control. The defense successfully countered the Plaintiff's argument by asserting that where there is no evidence of ownership or control of the public sidewalk, there is no question of fact for the jury to resolve.

Impact on Final Outcome

The Court agreed with the Defendants, ruling that the law requires proof of ownership or control for liability to be established. The Court granted Summary Judgment in favor of the Defendants, leading to a final monetary award of $0. The successful strategy hinged on correctly interpreting the California Accident Decisions Doctrine and the California Streets and Highway Code § 5610 (et seq.).

Predicting the Future

This victory reinforces the importance of using targeted discovery and aggressive motion practice to achieve definitive, cost-effective resolutions for clients. It demonstrates that by relying on performance-driven litigation and strong legal authority, QPWB can secure favorable outcomes even when facing high-exposure claims.

Key Actions in This Case

• Summary Judgment Focus: The case was identified early as a Summary Judgment candidate, shaping all subsequent actions
• Targeted Discovery: Discovery was strategically fashioned solely toward establishing a "no evidence" argument regarding the Defendant's ownership or control of the public sidewalk
• Legal Authority Reliance: Defense arguments relied heavily on established case law and the California Streets and Highway Code to prove lack of duty owed by the abutting property owners

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.